When Jack Benny fans discovered that the CBS vaults contained some 25 original Jack Benny TV show episodes previously thought lost, they rejoiced. They approached the network for release of the public-domain footage, even offering to foot the bill for digital transfer and preservation. CBS balked, insisting that the fan club get approval from the Benny estate. No problem: Jack Benny's descendants were only too glad to have his original TV shows rescued from obscurity and given to the world.

But CBS balked again, citing unspecified “issues” (presumably potential copyrights in the score or other materials). Basically, CBS has decided that it could cost too much to pay a lawyer to figure out if they can release these films — or even turn them over to Benny's fans and family for release — and so it has decided to simply abandon them, sealing them back up in the vault forever.

This isn't how it's supposed to work. In the Constitution's progress clause, Congress is empowered to “promote the progress of the arts” through copyright. When copyright creates these deadlocks that doom America's artistic heritage to history's scrapheap, copyright needs to change.

via CBS uncovers rare Jack Benny treasures, puts them back and tosses out the key Boing Boing.